Directive No. 04/2000/CT-TTg on the organization and implementation of the Criminal Code

DIRECTIVE

Regarding the Implementation of the Criminal Code
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The Criminal Code was adopted by the tenth session of the tenth National Assembly at its sixth meeting on December 21, 1999, and took effect from July 1, 2000. The Code comprehensively reflects the criminal policy of the Party and the State in the current period, serving as a sharp tool in the struggle to prevent and combat crime, ensuring the people's right to mastery, the effectiveness of state management, contributing to the implementation of the renewal process and the acceleration of industrialization and modernization of the country.

To implement the Resolution No. 32/1999/QH10 dated December 21, 1999 of the National Assembly and Resolution No. 229/2000/NQ-UBTVQH10 dated January 28, 2000 of the Standing Committee of the National Assembly regarding the implementation of the Criminal Code, and to prepare promptly for the implementation of the Criminal Code, the Prime Minister instructs the Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial and municipal People's Committees under the central government to immediately carry out the following tasks:

I. SPREADING, PROMOTING, AND EDUCATING CRIMINAL LAW, RAISING AWARENESS IN THE STRUGGLE TO PREVENT AND COMBAT CRIME

1. The work of spreading and promoting the Criminal Code must be widely conducted among cadres, civil servants, employees, and military personnel, making everyone aware of the basic contents of the Code, especially the newly amended and supplemented provisions, to strictly comply with it. As early as the first quarter of 2000, all ministries, ministerial-level agencies, and local People's Committees at all levels must have specific plans to either independently or in coordination with relevant agencies direct the implementation of the dissemination and promotion of the Criminal Code, considering this as one of the key tasks in the dissemination, promotion, and legal education activities in 2000.

While disseminating and promoting the Criminal Code, it is necessary to combine the review of compliance with laws within their respective sectors and localities to help cadres and the public raise their awareness and responsibility in complying with the law.

2. The Ministry of Justice shall be responsible for coordinating with the Vietnam Fatherland Front Central Committee and its member organizations, the Central Commission for Internal Affairs, the Central Commission for Propaganda and Education, the Central Commission for Science and Technology, the Ministry of Culture, Sports and Tourism, the Vietnam Bar Association, and mass media outlets at central and local levels to organize widespread dissemination and promotion of the Criminal Code.

The Government's Steering Committee for Legal Dissemination and Education shall be responsible for determining the content and program for the dissemination and promotion of the Criminal Code; coordinating with relevant agencies to organize the compilation of outlines and training materials suitable for different target groups and training reporters to disseminate and promote the Criminal Code.

3. The Ministry of Culture, Sports and Tourism shall coordinate with the Central Commission for Propaganda and Education to direct mass media outlets to prioritize the dissemination and promotion of the Criminal Code.

The People's Newspaper, Voice of Vietnam Radio, Vietnam Television, and other mass media outlets at central and local levels shall regularly have programs and special sections introducing and explaining the contents of the Criminal Code, particularly its new provisions.

4. The Ministry of Justice shall take the lead and coordinate with the Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuracy to organize specialized training on the Criminal Code for investigators, prosecutors, judges, lay judges, and other judicial staff to ensure uniform application of the Criminal Code.

5. The Ministry of Justice shall take the lead and coordinate with the Ministry of Education and Training to direct the review of teaching materials related to criminal law courses in universities and colleges and civic education materials in secondary schools to timely supplement and amend them to align with the Criminal Code.

6. The Ministry of Finance shall take the lead and coordinate with the Ministry of Justice to develop budget plans to ensure sufficient funding for the implementation of the Criminal Code, from organizing the printing of dissemination materials to organizing training sessions and wide-scale dissemination and promotion among cadres and the public at central and local levels.

II. REVIEWING CURRENT LEGAL DOCUMENTS, AMENDING, SUPPLEMENTING, OR ISSUING NEW IMPLEMENTING LEGAL DOCUMENTS FOR THE CRIMINAL CODE

1Simultaneously with the dissemination and promotion of the Criminal Code to all cadres and the public, it is necessary to urgently review current regulations guiding the implementation of the Criminal Code to timely amend, supplement, or issue new implementing regulations. In the short term, it is essential to immediately initiate the development of implementing regulations for those provisions that will take effect after the promulgation of the Criminal Code.

2. The Ministry of Justice and the Ministry of Public Security shall coordinate with the Supreme People's Procuracy and the Supreme People's Court to urgently review the provisions of the Criminal Procedure Code to propose amendments and supplements to the National Assembly to ensure the effective implementation of the Criminal Code from July 1, 2000; review existing implementing regulations for the Criminal Code to abolish, amend, or supplement regulations issued by themselves that are no longer consistent with the provisions of the Criminal Code or issue new regulations within their authority; make specific proposals to timely amend, supplement, or issue new joint regulations or government regulations guiding the implementation of the Criminal Code and Resolution No. 32/1999/QH10 dated December 21, 1999 of the National Assembly.

3. The Ministry of Public Security shall take the lead and coordinate with the Supreme People's Court and the Supreme People's Procuracy to immediately review and compile lists of individuals eligible for exemption from capital punishment, exemption from execution of capital punishment, exemption from remaining portion of the sentence, exemption from prosecution, or automatic expungement of criminal records, to promptly implement Resolution No. 229/2000/NQ-UBTVQH10 dated January 28, 2000 of the Standing Committee of the National Assembly regarding the implementation of the Criminal Code.

III. THE IMPLEMENTATION OF THE CRIMINAL CODE MUST BE LINKED WITH THE IMPLEMENTATION OF RESOLUTION NO. 09/1998/NQ-CP AND THE NATIONAL PROGRAM ON PREVENTION AND COMBATTING CRIME

1. THE CURRENT SITUATION OF CRIME IN THE COUNTRY STILL HAS A TENDENCY TO INCREASE AND DEVELOP IN A COMPLEX MANNER. THEREFORE, WHILE IMPLEMENTING THE CRIMINAL CODE, IT IS NECESSARY TO STRENGTHEN THE IMPLEMENTATION OF RESOLUTION NO. 09/1998/NQ-CP AND THE NATIONAL PROGRAM ON PREVENTION AND COMBATTING CRIME, AIMING TO BRING ABOUT A STRONG TRANSFORMATION IN SOCIAL ORDER AND SECURITY, MAINTAINING LEGAL DISCIPLINE AND BUILDING A HEALTHY LIVING ENVIRONMENT.

2. THE MINISTRY OF JUSTICE AND THE MINISTRY OF PUBLIC SECURITY MUST CLOSELY COOPERATE WITH THE STATE COMMITTEE FOR UNITY AND FELLOWSHIP OF VIETNAM, THE MEMBER ORGANIZATIONS OF THE COMMITTEE, AND RELEVANT AUTHORITIES AND ORGANIZATIONS THROUGH WIDESPREAD PUBLICITY AND EDUCATIONAL CAMPAIGNS ON THE CRIMINAL CODE AMONG OFFICIALS AND CITIZENS, TO STRENGTHEN THE POPULAR MOVEMENT ACTIVELY PARTICIPATING IN PREVENTION, DETECTION, AND REPORTING OF CRIMES, AND TO ENHANCE THE ROLE AND RESPONSIBILITY OF FAMILIES, COMMUNITIES, AND SOCIAL ORGANIZATIONS IN REFORMING AND EDUCATING CRIMINALS.

3. THE MINISTRY OF PUBLIC SECURITY SHALL TAKE THE LEAD AND COORDINATE WITH THE SUPREME PEOPLE'S COURT, THE SUPREME PROSECUTION OFFICE, AND THE STATE COMMITTEE FOR UNITY AND FELLOWSHIP OF VIETNAM TO CONDUCT A ROUND OF INSPECTIONS ON THE DETENTION OF PERSONS TO TIMELY ADDRESS ANY ILLEGAL DETENTIONS.

UPON RECEIPT OF THIS DIRECTIVE, THE HEADS OF THE MINISTRIES, GOVERNMENT-EQUIVALENT AUTHORITIES, GOVERNMENT AFFILIATED AUTHORITIES, AND THE CHAIRS OF THE PEOPLE'S COUNCILS AT THE PROVINCE AND CITY LEVELS UNDER THE CENTRAL GOVERNMENT ARE REQUIRED TO HAVE SPECIFIC PLANS TO IMPLEMENT THE CRIMINAL CODE IN THEIR SECTORS AND LOCALITIES.

THE MINISTRY OF JUSTICE SHALL BE RESPONSIBLE FOR MONITORING, URGING, SUMMARIZING THE SITUATION AND RESULTS OF THE IMPLEMENTATION OF THIS DIRECTIVE AND REPORTING TO THE PRIME MINISTER.